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Convictions: Slate's blog on legal issues
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An ingeniously arranged Federalist Society Same-Sex Debate between Dale Carpenter and Doug Kmiec becomes a robust occasion for re-examing the liberty-equality debate among Heather Gerken-Kenji Yoshino and Larry Tribe. Pull up a stool and weigh in . . . . Read More...
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The ink is barely dry on the California same-sex opinion, but the Governor of New York is asserting the authority to revise hundreds of laws and regulations to welcome same-sex couples to the Empire State, even though that state's highest court upheld traditional marriage between a man and a woman. No sense letting the separation of powers ruin a good thing. Read More...
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When the California Supreme Court included same-sex couples within the "fundamental right" of marriage, it was declaring the "social goods" of marriage to be too important to be kept from individuals on the basis of their sexual orientation. The ruling must not be interpreted as saying marriage -- and the marital family -- is unimportant. Read More...
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Now that the California Supreme Court has eliminated distinctions drawn on sexual orientation, is it time to recognize an even more important distinction between marriages -- those that devote themselves to having and raising children and those that don't? Read More...
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Convictions contributors Dahlia Lithwick and Doug Kmiec took to the airwaves today to discuss the California gay-marriage decision on NPR's On Point program. The show also included Crystal Carreon from the Sacramento Bee ; Geoff Kors, executive director Read More...
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Contemplating abortion and same-sex marriage as beyond all governmental power to either approve or disapprove. Might government silence over topics where the culture is deeply divided be part of Senator Obama's national reconciliation effort?
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Robert Weisberg, of Stanford Law School, offers a guest post: Dahlia Lithwick’s latest column about the California marriage decision shows how the availability of the "activism” trope is more than the intelligence (or other virtues like rationality, sanity, Read More...
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... there is a Republican core to yesterday's California marriage decision . Not only were three of the four justices in the majority Republican appointees, but they were appointed by either George Deukmejian or Pete Wilson, GOP governors not known for Read More...
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A fairly remarkable fact that has not gotten the attention it deserves: If I'm not mistaken, of the eight justices in the majorities in Goodridge (Massachusetts) and In re Marriage Cases (California), seven of them are Republican appointees. And the current Read More...
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The California same-sex marriage decision is unquestionably a landmark. The question is: Will this extensive opinion affirming same-sex marriage be an opening to new found respect and accommodation or acrimony and division? There is much to applaud, much to study, and a great deal of reassurance still needed on both sides. Read More...
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Today's California Supreme Court decision is certainly momentous and worthy of celebration, for obvious reasons. It will, I think, come to be seen as part of the grand tradition of that court, as exemplified in its bold 1948 decision in Perez v. Sharp Read More...
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The California Supreme Court has just announced its decision in the gay-marriage cases, finding that the state marriage laws that "exclude same-sex couples from access to the designation of marriage" are unconstitutional. Opinion is here . Read More...
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